COPPESS v. RYAN (2021)

United States Court of Appeals, Ninth Circuit.

Wellington Spencer COPPESS, Plaintiff-Appellant, v. Charles L. RYAN, Director; Richard Pratt, Assistant Director; Corizon Correctional Health, Inc., named as Corizon Health Inc.; Benjamin Schmid, Facility Health Administrator; Corizon Health, Inc., Defendants-Appellees.

No. 20-15295

Decided: March 31, 2021

Before: FERNANDEZ, SILVERMAN, and N.R. SMITH, Circuit Judges

Wellington Spencer Coppess, Pro Se Rita Bustos, Quintairos, Prieto, Wood & Boyer, P.A., Phoenix, AZ, for Defendants-Appellees

MEMORANDUM **

Wellington Spencer Coppess appeals the district's order granting summary judgment in favor of the defendants in his civil rights action alleging deliberate indifference to his Hepatitis C Virus infection. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004), and affirm.

The district court properly granted summary judgment in favor of the defendants. There is no evidence that defendants failed to provide relevant documents. Defendants provided extensive medical treatment records documenting chronic care appointments and lab test results. At most, plaintiff established a difference of opinion between himself and the defendants regarding proper testing and treatment of his chronic infection. Such a difference of opinion does not rise to the level of deliberate indifference. Id. at 1058.

AFFIRMED.

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